Can Chop5 Salad Kitchen develop or operate a Chop5 Salad Kitchen restaurant within a franchisee's territory?
Chop5_Salad_Kitchen Franchise · 2024 FDDAnswer from 2024 FDD Document
We grant you a territory (your "Territory") that consists of the area within a one-half (½) mile radius from the site that we approve for your Restaurant. During the Term we will not develop or operate, or license a third party to develop or operate, a Restaurant that is physically located within the Territory except as otherwise provided in this Section with respect to Captive Venues and Acquisitions. At any time during the Term we reserve the right to: (a) develop and operate, and license third parties to develop and operate, Restaurants in Captive Venues that are located within your Territory; and (b) engage in Acquisitions, even if as a result of an Acquisition one or more competitive businesses of the acquired or acquiring company begin using our Intellectual Property (including our Marks) and are located within the Territory. We reserve the right to sell, and license third parties to sell, competitive or identical goods and services (including under the Marks) within the Territory through Alternative Channels of Distribution.
Source: Item 23 — RECEIPT (FDD pages 50–178)
What This Means (2024 FDD)
According to the 2024 Chop5 Salad Kitchen Franchise Disclosure Document, Chop5 Salad Kitchen grants franchisees a territory that consists of the area within a one-half (½) mile radius from the site that they approve for the Restaurant. During the term of the agreement, Chop5 Salad Kitchen will not develop or operate, or license a third party to develop or operate, a Restaurant that is physically located within the Territory. However, there are exceptions to this exclusivity.
Chop5 Salad Kitchen retains the right to develop and operate, and license third parties to develop and operate, Restaurants in Captive Venues that are located within the franchisee's Territory. They also reserve the right to engage in Acquisitions, even if as a result of an Acquisition one or more competitive businesses of the acquired or acquiring company begin using their Intellectual Property (including their Marks) and are located within the Territory.
Additionally, Chop5 Salad Kitchen reserves the right to sell, and license third parties to sell, competitive or identical goods and services (including under the Marks) within the Territory through Alternative Channels of Distribution. This means that while a franchisee has some territorial protection, Chop5 Salad Kitchen retains significant rights to operate or license others to operate within that territory under certain circumstances.